DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 4/15/2026 have been fully considered but they are not persuasive. Applicant argues that neither Maeda nor Moriya recognize the technical problem of the surface distribution of the pigment. However, Moriya teaches that when the ester wax is used with the Pigment Yellow 185 the colorant is “uniformly and favorably dispersed” ([0055] line 18-19), and “the deposition of the coloring agent on the surfaces of the toner particles is prevented to improve the charge stability, and therefore, a high-quality image can be obtained over a long period of time” ([0055] line 21-24). Further, Moriya discloses that the exemplary toners have improved charging stability as the deposition of the Pigment Yellow 185 on the surface of the toner particles is prevented ([0381] line 11-13). Although Moriya does not specifically teach a percentage of the isoindoline pigment present on the surface layer of the base particle relative to an entire isoindoline pigment present on the cross-section of the base particle in a cross-sectional image of the resin particle, the problem of the pigment present at the surface is acknowledged, and subsequently addressed by the use of the ester wax in combination with the pigment. Based on this disclosure, a person of ordinary skill in the art, when considering the use of Pigment Yellow 185 as the colorant for a yellow toner, would take the combination of the Pigment Yellow 185 with the ester wax in order to gain the benefits of the pigment – excellent color reproducibility and light resistance – while avoiding the issue of poor charge stability due to agglomeration of the pigment at the surface of the toner.
Applicant argues that the use of agglomerating agent alone does not result in a toner which satisfies the amount of pigment in the surface layer. Further, that when paraffin wax is used in comparative examples 1 and 2 of the instant application, the same as the exemplary toners of Maeda, the coloring and charge stability are poor, even when the same agglomerating agents are used as in the exemplary toners. This shows that inclusion of the agglomerating agent alone does not result in the desired percentage of pigment present in the surface layer. However, the agglomerating agent is not the sole feature that is relied upon. The combination of the factors of the agglomerating agent, the ester wax, and the gel fraction in the modified toner would all contribute to the dispersibility of the pigment, and therefore the prevention of the pigment from being at the surface of the toner. The arguments below have been revised to better represent this confluence of factors.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivation to use the pigment and wax of Moriya is that the Pigment Yellow 185 provides excellent color reproducibility and light resistance to the toner ([0020-21]), and the combination with the ester wax improves the charge stability, and these features can therefore produce a high-quality image over a long period of time ([0055]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda (WIPO Publication No. 2019-107087) in view of Moriya (US PGP 2017-0097581).
Maeda teaches resin particles comprising a binder resin containing a polyester resin (a) ([0017]), and a polyester resin (b) ([0059]); wherein polyester resin (b) includes an amorphous polyester resin (b1) and a crystalline polyester resin (C) ([0061]). The gel fraction of the base particles is preferably 9% to 40% ([0057]). Most of the exemplary toners contain gel fraction amounts between 18% and 31% (Table 2). The release agent may be an ester wax ([0081]), and it is contained in an amount of 1% to 20% by weight ([0083]). The resin particles further contain an aggregating agent that is preferably a metal salt, with examples including magnesium chloride, calcium chloride, aluminum chloride, or aluminum sulfate ([0110]). The resin particles may further comprise a fluidizing agent as an external additive ([0085]). Maeda teaches that the toner may be used with a carrier to form a developer ([0129]).
Madea teaches that the resin particles contain a colorant in an amount of 3% to 10% that may include yellow pigments, but is silent regarding the use of isoindoline pigments specifically ([0078]). Moriya teaches a toner containing the coloring agent C.I. Pigment Yellow 185, an isoindoline pigment, a binder resin, and an ester wax (Abstract). Pigment Yellow 185 is a desirable yellow colorant, as it gives the toner excellent color reproducibility and light resistance ([0010],[0020]). When the pigment is used together with the ester wax, the colorant is “uniformly and favorably dispersed” ([0055] line 18-19), and “the deposition of the coloring agent on the surfaces of the toner particles is prevented to improve the charge stability, and therefore, a high-quality image can be obtained over a long period of time” ([0055] line 21-24). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toner of Maeda to having included the colorant C.I. Pigment Yellow 185 in combination with the ester wax in order to produce a yellow toner having excellent color reproducibility, light resistance, and improved charge stability.
Moriya is silent regarding the percentage of the pigment having an isoindoline skeleton present on the surface layer of the base particle relative to the entire pigment on the cross-section of the base particles. However, Moriya teaches that the deposition of the pigment on the surface of the toner is prevented ([0055],[0381]). Based on the components of the modified toner, the pigment would be prevented from aggregating at the surface of the toner, and satisfy the surface layer limitations of claims 1, 4, 13, and 20. Paragraph [0070] of the specification of the instant application states that the dispersibility of the isoindoline pigment can be controlled by the type of agglomerating agents added in the agglomeration step (line 1-4). Maeda teaches the aggregating agent is most preferably a metal salt of inorganic acids, with examples including sodium chloride, magnesium chloride, calcium chloride, aluminum chloride, aluminum sulfate, and calcium sulfate ([0110]). The instant application uses aluminum sulfate and magnesium chloride as the agglomerating agents for the exemplary toners. Paragraphs [0018], [0134], and [0137] of the instant specification also state that when the gel fraction is sufficient, the dispersibility of isoindoline pigments can be maintained and the localization of the pigment on the surface is prevented. The combination of the ester wax, agglomerating agent, and gel fraction in the modified toner of Maeda and Moriya would therefore all contribute to the dispersibility of the isoindoline pigment, and prevent it from agglomerating at the surface.
Maeda teaches that the toner is used for the development of an electrostatic image ([0132]), but is silent regarding the image forming apparatus to create the image. Moriya teaches an image forming apparatus (Figure 1, 1) and method for forming images comprising an electrostatic latent image bearer 12, a latent image forming device 17, a developing device 14, a transfer roller 18, and a fixing device 30 ([0082-90]). The image forming apparatus contains a toner cartridge ([0010]).
Conclusion
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/J.K./Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737 06/22/2026
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